Bealer v. Warden of K.V.S.P. et al

Filing 31

ORDER STRIKING 26 28 Supplemental Objections as Untimely signed by Magistrate Judge Gary S. Austin on 9/17/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTWOINE BEALER,

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1:12-cv-01516-AWI-GSA-PC

Plaintiff,

ORDER STRIKING SUPPLEMENTAL
OBJECTIONS AS UNTIMELY
(Docs. 26, 28.)

vs.
KVSP WARDEN, et al.,
Defendants.

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Antwoine Bealer (APlaintiff@) is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. ' 1983.

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On May 8, 2014, the Court entered findings and recommendations, recommending that

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this action proceed only against defendants Rios and Brannum on Plaintiff=s claims for use of

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excessive force, and that all other claims and defendants be dismissed from this action based on

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Plaintiff=s failure to state a claim. (Doc. 22.) Plaintiff was granted thirty days in which to file

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objections to the findings and recommendations. (Id.) On June 11, 2014, Plaintiff filed

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objections to the findings and recommendations. (Doc. 24.) On July 21, 2014, Plaintiff filed

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supplemental objections.

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supplemental objections. (Doc. 28.)

(Doc. 26.)

On August 21, 2014, Plaintiff filed additional

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Plaintiff’s supplemental objections of July 21, 2014 and August 21, 2014 were filed

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well after the thirty day deadline. Plaintiff did not request leave of court to file supplemental
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objections or an extension of time. Therefore Plaintiff’s supplemental objections shall be

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stricken as untimely.1

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s supplemental objections of
July 21, 2014 and August 21, 2014 are STRICKEN from the record as untimely.

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IT IS SO ORDERED.
Dated:

September 17, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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When a document is stricken, it becomes a nullity and is not considered by the court for any purpose.
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